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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsDoesn't this Stone move open the door for ANYONE convicted of similar crimes to appeal for dismissal
If I was a lawyer for anyone given a similar sentence for a similar crime I would seize upon this "admission" from DOJ that the sentencing guidelines are "unfair" as grounds that my client should be released as their sentence violates the 8th amendment (cruel and unusual punishment).
Isn't that a completely valid argument for a lawyer to make under these circumstances?
wishstar
(5,269 posts)Judge Berman has been extremely careful in how she handled Stone's case by not being overly harsh despite his disrespectful shenanigans. I thought she gave him too many months from conviction to sentencing, allowing this scenario to unfold after Trump's impeachment acquital.
The refusal of the 3 prosecutors to go along with downward revision of sentencing recommendation helps mitigate likelihood of an appeal being successful as long as her sentence is not more than the low end of original recommendation.
Cicada
(4,533 posts)not everyone can prove he meets the Stone standard
Takket
(21,568 posts)what i mean is............ let's say our imaginary criminal named Bob was tried and convicted in 2018, and given 7-9 years for basically the same crimes Stone committed... nothing to do with drumpf...... Bob is just some guy.
So Bob is sitting in prison now and today his lawyer turns on the TV and sees this, and the DOJ comes out and says "nah, 7-9 years is too harsh! Should be 1-2 for a crime like this.
Now if i'm Bob's lawyer I'm going to the courts and saying, HEY! Wait a minute! The DOJ is saying the sentence my client got is unfair. What about the 8th amendment? I think you should let my client go!
Isn't that a valid argument?
gratuitous
(82,849 posts)I mean obstruction? Making false statements? Witness tampering? How can you call such routine business-as-usual exercises in subverting the country crimes? So unfair!